AD/PA-32/12 - Brake Disc - Replacement - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to regulate civil aviation and ensure the safety of air navigation in Australia. The Civil Aviation Safety Regulations 1998 were made under the authority of the Act and provide for the issuance of airworthiness directives to maintain the continuing airworthiness of aircraft and aeronautical products. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue such directives, which are considered legislative instruments under the Legislative Instruments Act 2003. This legislative framework aligns with international standards, particularly Annex 8 of the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft. In accordance with these obligations, CASA has the authority to cancel airworthiness directives, such as AD/PA-32/12 affecting Piper PA-32 aircraft, without public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This action is taken to uphold Australia's commitments under international civil aviation conventions.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft and are issued in compliance with Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft type is responsible for providing necessary information to maintain airworthiness, while the State of Registry, in this case, CASA, is responsible for the individual aircraft's continuing airworthiness. The ADs are considered legislative instruments as per the Legislative Instruments Act 2003. CASA has the authority to issue, review, and cancel ADs, as demonstrated by the cancellation of AD/PA-32/12 concerning Piper PA-32 aircraft, which took effect on 25 September 2008, without the need for public consultation or a Regulatory Impact Statement. The ADs are issued by the Manager, Airframes in the Airworthiness Engineering Group on behalf of CASA, as per subsection 84A(2) of the Civil Aviation Act 1988.

Key Provisions

Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to create regulations that serve the Act’s objective of ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are intended to maintain the continuing airworthiness of aircraft and ensure compliance with safety standards. Importantly, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning they are legislative instruments subject to scrutiny under the Legislative Instruments Act 2003. Under the obligations imposed by Annex 8 to the Convention on International Civil Aviation, the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type, including the provision of necessary information to ensure such airworthiness. This responsibility extends to sharing information with States of Registry, which are in turn required to develop or adopt their own requirements to ensure the continuing airworthiness of aircraft registered within their jurisdictions. In Australia, CASA acts as the State of Registry for individual aircraft and must adhere to these obligations, which includes the issuance of ADs as a means of ensuring compliance with safety standards. In this context, CASA issued AD/PA-32/12 affecting Piper PA-32 aircraft, but has since reviewed and cancelled this directive, effective from 25 September 2008, without the need for a replacement AD due to Australia’s obligations under the Convention on International Civil Aviation. Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 must comply with all issued ADs to maintain the airworthiness of their aircraft. For instance, operators of Piper PA-32 aircraft would have needed to follow the requirements set out in AD/PA-32/12 until its cancellation. Failure to comply with an AD can result in severe consequences, including the potential grounding of aircraft and legal penalties. CASA’s role in issuing and managing ADs places a significant responsibility on aircraft operators and owners to stay informed about and adhere to these directives. The cancellation of AD/PA-32/12 did not necessitate consultation with the Australian public or the preparation of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Although the AD has been cancelled, any breach of airworthiness requirements could still lead to serious consequences. These may include enforcement actions by CASA, such as fines or the imposition of operational restrictions on non-compliant aircraft, highlighting the importance of adherence to all regulatory requirements.